Determining the Best Interests of the Child - Oregon

Date:

Citation: Rev. Stat. § 107.137(1) 

In determining the custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

  • The emotional ties between the child and other family members
  • The interest of the parties in and attitude toward the child
  • The desirability of continuing an existing relationship
  • The abuse of one parent by the other
  • The preference of the primary caregiver of the child, if the caregiver is deemed fit by the court
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child 

The court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child. 

Tags